FAU trying to get ex-prof ’s suit over firing thrown out

James Tracy was best known for his conspiracy theories.

WEST PALM BEACH — Attorneys representing Florida Atlantic University asked a federal judge to dismiss the lawsuit filed against the universit y by James Trac y, a fired professor best known his controversial conspiracies about mass-casualty incidents.

Judge Robin Rosenberg heard the arguments Thursday and will consider the motion to dismiss the lawsuit.

The 50-page complaint claims the Boca Raton-based university violated Tracy’s constitutional rights when it stripped him of his tenure and fired him Jan. 8.

Florida Atlantic attorneys argued that Tracy was fired for insubordination and failure to fill out mandatory forms that disclosed his activities outside work.

Trac y ’s attorney, Louis Leo IV of Coconut Creek, called the argument “disingenuous,” following the hearing.

“Ever ybody knows it’s about free speech and it’s about the blog,” Leo said.

Tr a c y ’s b l o g , Memor y Ho l e , wa s a n o u t l e t f o r posting conspiracy claims — which often attracted the attention of national media — about the Sandy Hook Elementary School shooting, the Boston marathon bombing and other incidents.

The lawsuit also claims that the university “uncon- stitutionally” required Tracy, and other professors, to fill out a form detailing their online activities outside the university, even if they were unpaid activities.

“The way it stands, they could start firing people for not disclosing their Facebook pages,” Leo said following the hearing.

The outside activity form does not prohibit any activities, but simply requires faculty to disclose them, said Keith Sonderling, an attorney representing FAU.

Tracy was first provided a lawyer by the university’s faculty union following his dismissal.

He later fired the unionfunded attorney and hired Leo, a private attorney, in late January.

The lawsuit names several university officials and facult y members, including members of the faculty union, as defendants.

The complaint suggests t hat f acult y union Presi - dent Robert Zoeller Jr. and a senior director, Michael Moats, conspired with and aided the university in Tracy’s dismissal.

FAU attorneys also argued that the lawsuit should be dismissed on the grounds that Tracy had an opportunity to contest his termination through a university grievance process, but didn’t.

Joel Medgebow, an attorney also representing Tracy, said the university and facult y union “sandbagged” Trac y by convincing him that he couldn’t challenge his termination.